Lahore High Court (LHC) has issued notice in a contempt of court petition moved by one employee of Ministry of Kashmir Affairs and Gilgit Baltistan against former Chairman Federal Board of Revenue Tariq Pasha presently working as Secretary, Ministry of Kashmir Affairs and Gilgit Baltistan and other functionaries of Kashmir Ministry.
The petition has been moved by Lahore-based lawyer Waheed Shahzad Butt. LHC heard the contempt of court application of Muhammad Afzal against Secretary Ministry of Kashmir Affairs & Gilgit Baltistan, Administrator Kashmir property Affairs, Lahore and S O Ministry of Kashmir Affairs & Gilgit Baltistan, Government of Pakistan, Islamabad on urgent cause basis on March 19, 2020.
Earlier, employee of the ministry challenged the removal of service order for being in violation of constitutional rights provided under Constitution of Islamic Republic of Pakistan 1973, fair play and principles of natural justice before the LHC. The LHC accepted the petition by relying on earlier binding verdict in the following manner.
"The Petitioner is reinstated in service from the date of his termination with all back benefits. The respondents however, are at liberty to proceed against the petitioner if there is any complaint qua his work or conduct but by treating him as permanent employee in the light of letter dated 11.02.2016.
The counsel of the petitioner Waheed Butt argued that earlier a landmark order passed by the LHC WP 32515 dated 23.01.2019 is an eye opener for the Government functionaries wherein following landmark verdict has been issued:
"At this stage, this Court would like to observe that despite resolving the issue of one set of the employees of the same department the same relief is not being extended to the similarly placed employees without there being any judicial order of this Court.
Such a tendency shown by the public functionaries of different departments is not only against the dictum laid down by the Apex Court in the case of Government of Punjab v. Sameena Parveen and others (2009 SCMR 1) but it also results in increasing the rate of litigation in the Superior Courts of this country. In future, if any inaction on the part of Government functionary in this respect comes to the notice of this Court, it may entail imposition of heavy fine on the defaulting Authority/ Department".
LHC accepted the writ petition preferred by the petitioner Muhammad Afzal vide order dated 17.02.2020 but no order was passed by the Secretary Ministry of Kashmir Affairs despite lapse of considerable time, therefore, the petitioner has moved contempt of court petition before the LHC, wherein after hearing the petitioner counsel notice has been issued by the LHC for April 17, 2020.